The Third Panel of the Superior Court of Justice (STJ) decided to file an annulment action against an arbitral award that determined the inclusion of an arbitration communication company in arbitration proceedings at the Center of Justice and Mediation of the Brazilian-Canada Chamber of Commerce.
The São Paulo Court of Justice (TJSP) instead determined an arbitrary award when an arbitral award was issued, and it was not a moment of partial judgment, as happened in the case.
The company that requested its exclusion from the arbitration proceedings appealed to the STJ on the grounds that the existence of a declaration expressly expresses a possibility of challenge by means of an annulment action of a partial arbitral award, and not the livelihood of the TJSP Justice.
In supporting the appeal, the rapporteur, Minister Marco Aurélio Bellizze, stated that the terms of Law 9,307 / 96, there is no prohibition of a parental sentence during the arbitration process. According to the minister, the submission of a partial arbitral award is also inconsistent with the current Brazilian procedural system.
Bellizze prolonged the basis of a 90-day ruling (Article 33 of Law 9,037 / 96) to request an annulment of an arbitral award. For the minister, an arbitral award can be understood as generic – than a partial sentence and a final sentence are species, which leads to the conclusion that there is no legal device that can be used in the gains and end, “indistinctly.”
“The annulment action intended to take a partial arbitration decision – the only means of defending the decision-making power – must be brought immediately, otherwise a decided decision will become immutable, since it will no longer be possible for an action by the Judiciary, , therefore, that the arbitral tribunal has issued a new decision on the matter. To that extent, there is no arbitration argument of an arbitration action that could be challenged by the arbitration award in part by an annulment arbitration award, it could only be during the delivery of the final arbitral award”, he said.
According to the minister, no case can justify an objection, since it is an issue decided by the partial arbitral award for a decision rendered, can not be ratified or modified by the final sentence.
“What do you care, if what is needed to send a partial sentence, the partial or arbitrary sentence? arbitrator, who judged the merits of the arbitration action”, said the rapporteur.
The arbitrator shall not arbitrarily arbitrate an arbitral tribunal, but shall not be bound by the arbitration procedure. The arbitrator shall, in the first instance, extend the clause compromissory to the insurgent company, in order to maintain O suspensive effect of the partial sentence until the final judgment of the annulment action.